[Download] "State Idaho v. Anthony Carmen Galaviz" by Court of Appeals of Idaho No. 14062 # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: State Idaho v. Anthony Carmen Galaviz
• Author : Court of Appeals of Idaho No. 14062
• Release Date : January 08, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Anthony Carmen Galaviz and a companion committed two armed robberies in the city of Burley on July 23, 1978. Apprehended that day with a pistol and the stolen money in his possession, Galaviz later pled guilty to both counts of robbery. After reviewing the presentence report, which indicated that Galaviz, then twenty-two years of age, had a prior juvenile and misdemeanor record, the district court sentenced him to two five-year concurrent terms for the robberies on September 1, 1978. In addition, pursuant to I.C. § 19-2520, the court imposed a three-year term, to be served consecutively, for Galaviz's use of a firearm during the crimes.[Footnote 1] Nearly two years later, Galaviz filed a motion in the district court under Idaho Criminal Rule 35 to correct what he claimed was an illegal sentence. Galaviz based his claim on the Double Jeopardy Clause of the Fifth Amendment, asserting that the court illegally had exacted multiple penalties by imposing the two five-year terms for armed robbery and the additional sentence for the use of a firearm. Galaviz also asserted that the imposition of an enhanced sentence under I.C. § 19-2520 violated I.C. § 18-301. Finally, Galaviz challenged his sentence on due process grounds, contending that the information charging him with armed robbery did not give proper notice of the state's intention to rely on I.C. § 19-2520 for enhancement of his sentence. Galaviz contended that the lack of notice deprived him of the basis for making a knowing and intelligent decision to plead guilty to the charges.

PDF Books Download "State Idaho v. Anthony Carmen Galaviz" Online ePub Kindle